My ex and I currently have joint physical custody of our daughter. My husband works out of state (California) which he comes home on the weekends. We recently found out we're expecting our first child together as a married couple! He requested for a transfer with his job to come to Las Vegas full time and it was denied (due to budget) My husband now wants me and the kids to relocate to California.
These are difficult cases and you need to sit down with a Nevada lawyer to discuss all details. Basically, you must move for primary physical custody and permission to relocate. These are often contested and go to trials. Numerous Nevada Supreme Court cases address this situation and your intentions are legitimate, not out of a desire to pry your kids away from your ex. What chances do you have? Honestly, I can't tell from your question, I'd need more facts. Good luck.
Relocation cases are probably the most contested cases a judge will hear, and probably the hardest for the judge to decide. New law in Nevada has made relocation a little more predictable, but it's hard to say whether a judge will grant permission until we look at the details of the law. (And some judges are having a hard time deciding whether to enforce what was written, making it even more difficult to estimate.) But the law now provides that the party that wants to relocate must first ask the other parent for permission to do so, or to be able to demonstrate that it is actually in the children's best interest to allow the relocation.
Underlying the entire issue is making the decision based upon the best interests of the children. As the relocating parent, you will need to be able to prove first that the relocation is intended for a good faith reason, that you and the child will benefit from an actual advantage after relocating, and that it is actually in the child's best interest for the court to adopt the relocation. Once there, you will need to demonstrate (1) the extent to which the relocation will improve the quality of life for the child; (2) whether your motives are honorable and not intended to simply deprive the other parent of time with the child; (3) that you will comply with any substitute visitation orders; and (4) that substitute visitation is going to be able to allow the child to maintain their relationship with the other parent. (For more information on the bill, see my blog post at http://pickardparry.com/blog/2016/1/31/ab-263-the-parental-rights-protection-act-of-2015.)
So, though I tried to draft the legislation so that people had a more predictable approach to relocation, it does not mean that the case will be significantly easier or less expensive. Because this is one case where it is hard to reach agreement, you can plan on a costly battle if the two of you can't come to an agreement in advance. And because these are typically the cases that are most hotly contested, I strongly urge you to hire an attorney to help.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
I agree with the prior answers and also strongly suggest you consult with an experienced custody attorney in order to most fully examine the application of the law to the particular facts of your matter. Hope this helps and good luck.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline